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1993-06-22 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOT. °.. COUNTY, INNESOTA PLANNING COMMISSION JUNE 22, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 22, 1993, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Dreelan, Dwyer, Hunter and Tilsen. Commissioner Duggan was excused. Also present were Planning Consultant John Uban, Administrative Assistant Kevin Batchelder, Assistant City Engineer Klayton Eckles and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Koll moved to approve the May 25, 1993, Minute with corrections. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 CONTINUED HEARINGS: CASE NO. 93-11: BOBST - SUBDIVISION As requested by the applicant, Chair Dwyer moved to continue the hearing to August 24, 1993 at 7:30 o'clock P.M. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 CONTINUED HEARING: CASE NO. 93 -12: BAARS - CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE Chair Dwyer explained that Mr. Baars, of 1947 Knob Road, had appeared before the Commission in May requesting a variance for a second garage. Dwyer explained that Mr. Baars is requesting to construct a 988 square foot garage. He stated Mr. Baars has an existing garage which he desires to keep and that Mr. Baars' proposed garage then becomes an accessory structure which requires approval of a Conditional Use Permit. Planning Commission June 22, 1993 Page 2 In response to a question from Chair Dwyer, Planner Uban briefly explained the Conditional Use Permit process. He explained the Planning Commission should look at whether or not the proposed accessory structure affects the neighborhood. He stated the Commission should consider if the structure is consistent with other structures in the neighborhood and if there are other dual garage uses. He stated the Planning Commission should review the benefits and negative aspects with respect to adjacent land, roads, aesthetics and utilities. Chair Dwyer inquired if property owners in the area had been notified of the Conditional Use Permit hearing. Administrative Assistant Batchelder responded yes. Commissioner'Tilsen stated there are several detached garages and structures, similar in size, in the neighborhood. Commissioner Friel inquired as to how many garages are presently on site. Mr. Baars responded there is one garage. He stated the tuck under garage has been converted to a workshop area. He stated he does not park cars in the former tuck under garage. In response to a question from Commissioner Koll, Mr. Baars explained he had purchased the home from his father. He stated his father inquired with the City as to the process of constructing an additional garage. He stated that no Ordinance restrictions were mentioned at the time of inquiry. Mr. Mike Haverkamp, 1920 Knob Road, stated he has lived in the area since 1979. He stated his house is located at the end of Knob Road. He stated all of the homes in the neighborhood have two stall garages including Mr. Baars' home. He stated Mr. Baars' proposal is incompatible with the area. He stated the proposed garage is large and could feasibly store four vehicles providing a total of six garage stalls on the property. He stated he would have to drive by the structure on a daily basis. He stated he would like the Planning Commission to deny the request. Mr. Fred Franchi, 1929 Knob Road, inquired as to what the purpose of a three to four car garage will serve Mr. Baars. Chair Dwyer stated Mr. Baars has stated he plans to store recreational vehicles. Mr. Baars concurred and stated the original garage will be used by his wife. He stated the new garage will not be used as a workshop and that he would not be increasing the number of vehicles he currently owns. Planning Commission June 22, 1993 Page 3 Mr. H. Marthaler, 1957 Knob Road, questioned how the garage will improve the neighborhood. He informed the Commission of a garage constructed several years ago which is now an eye sore in the neighborhood. He noted his concerns for depreciation of his home value should the garage be constructed. Chair Dwyer stated Mr. Baars is currently parking three vehicles outside of the existing garage. Dwyer inquired if it would be an improvement to have the vehicles within a garage. Mr. Marthaler responded would the entire neighborhood need additional garage space should they have additional vehicles. He further stated Mr. Baars does have lilac bushes to help screen the view of the vehicles. Commissioner Koll stated screening would be required for the garage. Mr. Marthaler inquired how the garage addition will improve the neighborhood. Mr. Neal Quehl, 1968 South Lane, stated he has been a resident for 41 years. Mr. Quehl stated the proposed building is such a big building for a small lot. He inquired what would happen to the Conditional Use Permit if the house were to be sold. Planner Uban responded the Conditional Use Permit runs with the land. He stated the Planning Commission must consider the long term impact of the structure to the neighborhood and possible future owners. Mr. Marthaler stated there are too many vehicles. Mr. Quehl inquired if there is a towing ordinance for cars parked in the yard. Administrative Assistant Batchelder stated certain public streets are prohibited from parking. Commissioner Tilsen moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 In response to a question from Commissioner Tilsen, Administrative Assistant Batchelder stated the Zoning Ordinance provides for revocation of the conditional use permit if any conditions are violated and that the City does have the authority to terminate a conditional use permit. A brief discussion ensued regarding the types of conditions which could be placed on the approval of the request. Planning Commission June 22, 1993 Page 4 Commissioner Dreelan stated she is not in favor of such a large garage and wondered if something else could be done to minimize the size. Mr. Baars tated he has reviewed several options and that this location of the garage takes up less yard space. He stated he would be adding six more evergreen trees. Commissioner Friel noted the criteria for issuance of a Conditional Use Permit as stated within Section 5.6(5) of the Zoning Ordinance. He stated Mr. Baars proposal is inconsistent with the intent of the ordinance. Friel stated the size of the structure on the lot is incompatible with the neighborhood, the adjacent lots and the existing home. He stated the proposed size exceeds over 1/2 of the existing living space. He stated property values may depreciate in the area and it is inconsistent with properties in the area. Commissioner Friel moved to recommend that the City Council deny the request for a Conditional Use Permit for Accessory Structure. Commissioner Dreelan seconded the motion. Commissioner Hunter and Commissioner Koll inquired what Mr. Baars would have to do to store the vehicles. Commissioner Koll stated it would be better to see a garage than to see vehicles. Commissioner Friel stated that the City could not think of every possible future use to place conditions against and that the structure is inconsistent with the neighborhood and community. Commissioner Friel stated the number of vehicles is a function of who lives there and changes from time to time with the age of the occupants. Commissioner Friel stated a large garage could attract buyers to the site who have large storage needs or home occupations and that is a real concern to the neighborhood. AYES: 4 NAYS: 2, KOLL, TILSEN HEARING: CASE NO. 93 -15: CONVENT OF VISITATION - CONDITIONAL USE PERMIT Mr. Gary Ostberg, representing Convent of Visitation School, located at 2455 Visitation Drive, was present to request a Conditional Use Permit and Variance to allow the construction of a proposed temporary building to house an early childhood montessori program on the Visitation Convent site. Planning Commission June 22, 1993 Page 5 Mr. Ostberg explained the structure is proposed to be placed at the north edge of the existing parking lot serving the main school. He further explained that a temporary structure, such as the one they are proposing, is currently being used in Plymouth. He also stated most of the trees located on the site had been planted by the Convent of Visitation Sisters and that they do not want to remove the trees. Mr. Ostberg responded to the six areas of concern listed in the Planner °s Report. Mr. Ostberg explained there will be no trash dumpsters located on the site. He explained the trash will be removed once a day and disposed of in the main dumpster located at the main building of Visitation. He further stated that the existing evergreen screen will not be damaged. He stated that should damage occur, they will correct the problem. Mr. Ostberg stated they will utilize the existing playground. He stated the Department of Human Services regulates that buildings constructed within 2,000. square foot of an existing playground structure may utilize that system. He further stated they will install a fenced area, as required by State statutue. Mr. Ostberg stated they are looking to occupy the building for about five years. He stated if the program is successful, they will construct a building on another site owned by Visitation. Mr. Ostberg stated they would like to use a temporary septic system instead of connecting to the sanitary sewer system. Mr. Ostberg stated a meeting has been scheduled between the City's Fire Marshal and Code Enforcement Officer to review the plans and requirements for sprinkler and alarm systems. Mr. Ostberg stated their intentions are to use the same exterior color schemes as the existing buildings on site. He stated the present color schemes is earthtone. In response to a question from Commissioner Tilsen, Mr. Ostberg stated cost consideration is a factor in pursuing a temporary structure. He stated they would like to see how successful the program will be before constructing a permanent building. Planning Commission June 22, 1993 Page 6 Mr. George Russell, representing Convent of Visitation, stated modular system has been pre - approved by the State. He stated that timing is a factor in getting the structure up prior to the school year. Commissioner Tilsen stated a lot of permanent items are needed such as water, sewer and fire alarms and that this appears minimally different than a permanent structure. He further stated his concern for trees. Mr. Ostberg stated there are two existing power poles where the building will receive electricity. He further stated the water is located under the road (north side of Lake Drive). Commissioner Tilsen noted his concerns for trees with the digging of utilities. Mr. Ostberg stated there would probably be some loss of trees. Commissioner Tilsen noted his concern for a temporary sewer system. Assistant City Engineer Eckles stated there is a requirement for all structures to connect to the sanitary sewer system. He stated that this request is a special case as it is a temporary structure. Commissioner Tilsen inquired if this site could be used permanently. Mr. Ostberg stated they are waiting to see how successful the program is before they will consider a permanent structure. Commissioner Hunter inquired if the building will be used for something else in the future as it appeared the building was too costly to be temporary. Mr. Commers, representing Visitation, stated they would like to have the temporary structure on the site for two to three years. He stated he would like to consider constructing another facility or possibly adding on to Visitation. He stated the montessori is considered a feeder program to Visitation. Sister Mary Bernard Pabst stated she had helped start a montessori program in St. Paul. She explained she is an early childhood specialist. She explained the proposed montessori program will provide service to the faculty staff and parents of children attending Visitation. She stated the program will be considered a feeder program. She stated they will have a sound educational approach. In response to a question from Commissioner Dreelan, Sister Pabst stated Visitation School will be running this program. She stated they have done a thorough research assessing the need for such a program. She explained they would be open about 11 hours a day and that meals will be provided. She explained the total limit of children to be 42. She stated Planning Commission June 22, 1993 Page 7 this includes infants, toddlers and pre - schoolers. In response to a question from Commissioner Koll, Sister Pabst stated the existing program was during the afternoon and that the enrollment was down to 17. In response to a question from Commissioner Friel, Sister Pabst stated child care and education programs will be conducted. Commissioner Friel stated this location may not be an optimum location for a child care facility. Commissioner Dreelan inquired if there will be marketing for the site and if there will be signage. Sister Pabst stated parents of students at Visitation will be informed of the facility. She further stated no signs will be needed. She stated that some simple directional signage may be installed. In response to a question from Commissioner Koll, Mr. Ostberg stated the northern parking lot usually remains open. He stated they are confident there will be enough parking. He stated most children will be dropped off prior to 8:00 A.M. and picked up after 5:00 P.M. Chair Dwyer inquired how the children will access the playground area. Mr. Ostberg stated they would like to construct a paved pathway around the perimeter of the driveway. He stated there will be an instructor with children at all times. Commissioner Friel stated the request for a Conditional Use Permit is in compliance with the requirements of the Zoning Ordinance. He inquired if all the plan requirements had been fulfilled. Planner Uban stated yes. Chair Dwyer stated this request also includes a size variance and that practical difficulty has been proven as State statutes require a certain size based on number of students. Chair Dwyer opened the hearing to the public. There was no one present to discuss this request. Commissioner Tilsen moved to close the public hearing. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 Planning Commission June 22, 1993 Page 8 A brief discussion ensued regarding setback requirements. Planner Uban stated there is a requirement of a ten foot (10') setback requirement. Mr. Commers stated there is enough land to construct a permanent structure in the future. He stated they hope to sell the temporary structure. He stated they would like to use a septic system since this is a temporary structure. Commissioner Koll moved to recommend that City Council approve a Conditional Use Permit and a size Variance to allow a 2,700 square foot temporary building as proposed, with the following conditions: 1. That the present landscaping be maintained and that any vegetation lost during construction be replaced. 2. That the play area be fenced and of a size consistent with State statute requirements. 3. That a finding of fact be established determining this structure to be temporary and be limited to a period of use not to exceed five (5) years. 4. That any use of a septic system be approved by City Engineering staff in compliance with all applicable health standards. 5. That this proposal be reviewed and approved by the Fire Marshal. 6. That erosion control be maintained throughout construction. 7. That a color scheme for the exterior materials be submitted for approval. 8. That the trash be removed daily. Commissioner Tilsen offered a friendly amendment stating that a walking path connecting the buildings be provided. Commissioner Koll accepted the friendly amendment. Commissioner Dreelan seconded the motion. AYES: 6 NAYS: 0 Planning Commission June 22, 1993 Page 9 CONTINUED HEARING: PLANNED UNIT DEVELOPMENT ORDINANCE AMENDMENT Commissioner Friel moved to continue the public hearing to July 27, 1993 at 7:30 o'clock P.M. Commissioner Koll seconded the motion. YES: 6 YS: 0 VERBAL REVIEW Administrative Assistant Batchelder provided a verbal review for the planning items at the previous City Council meeting. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 9:11 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary